Frequently Asked Questions

Can you sue your employer in South Carolina?

Can you sue your employer in South Carolina?

An employee that suffers an injury or illness while on-the-job must notify their employer with 90 days of the incident. An injured employee may need to seek medical treatment as well as miss days from work. However, the employee cannot sue the employer for work-related injury or illness. Under South Carolina Workers’ Compensation law, the employee may seek compensation and benefits for their accident through the South Carolina Workers’ Compensation Commission (WCC). The WCC is the exclusive remedy for compensation for a work injury or death. Therefore, an employee cannot directly sue their employer for a work injury. Instead, an injured employee has the option to file a workers’ compensation claim and receive benefits from their employer’s workers’ compensation insurance.

Although the employee cannot sue their employer for a worker’s compensation claim, they may be able to sue for unlawful treatment arising out of the claim. If an employee receives a discharge or demotion because they filed a workers’ compensation claim, that may be considered as a retaliatory discharge or demotion. South Carolina law prohibits an employer from discharging or demoting an employee for filing a worker’s compensation claim or participating in a worker’s compensation proceeding. If that happens, however, an employee can file a lawsuit directly against the employer. They are entitled to compensation for lost wages and reinstation to their former position. The employee has to burden to proof that their termination or demotion was only due to their filing or participating in a workers’ compensation claim against the employer. The statute of limitations to bring the lawsuit for an employment retaliatory discharge or demotion is one year from the date of the discharge or demotion.

Other Workers’ Compensation FAQs:

What Our Clients Say

They have amazing lawyers!

They have worked on an impossible situation and exceeded all expectations in the resulting settlements. I would recommend the Steinberg Law Firm to anyone and everyone!

My experience was excellent

From the first consultation to the end of my case I was kept updated step by step. My attorney worked hard for me and got me more than what I expected.

I never felt like I was alone

My lawyer and his Paralegal were right with me the entire case. I never felt like I was alone. At every turn they were in my corner. Someone recommended me to Steinberg law firm and I gladly would do the same for someone else.

I couldn't have asked for better

The people from the Steinberg group are top-notch. They handled my case extremely well, I couldn’t have asked for a better performance. Thank you all so much for all you did for me.

I am grateful for them!

At my worst, they honestly and carefully protected and defended my family on multiple levels. I’m a client for life and the integrity of this law firm is unmatched. Thank You Steinberg Law Family!!!

The people are thoughtful and professional

Questions and concerns always get answered and concerns are taken care of. Thank you all at Steinburg for a good experience and for showing me that you care about your clients.

The best law firm

This the best law firm anyone could ever deal with. Mr. Pearlman will work hard to get everything that is owed to you. It was a pleasure to have been represented by this firm.

A wonderful experience

Had a wonderful experience with Mr. Pearlman and his team. Thank you very much for your diligence and expertise.

I highly recommend them

They work as a team providing the best referrals and assistance to accomplish what my family and I needed. I highly recommend them because you won’t be disappointed.